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02/09/2012 10:08:30 AM EST

Hospital's Claim Against Insurer Is Not Preempted By ERISA, N.Y. Justice Rules

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LexisNexis® Mealey's™ ERISA Legal News

NEW YORK - The Employee Retirement Income Security Act does not preempt an action by a health care provider against an insurer for allegedly wrongfully recouping payment, a New York justice ruled Jan. 11 (NYU Hospitals Center v. Mei Rong Huang, et al., No. 102832-2011, N.Y. Sup., New York Co.; 2-12 N.Y. Misc. LEXIS 209). Full story on lexis.com